Ganymede Thanks for your response. Yes, I went to court, but I had no idea at the time, stupid I know, but I was in a very difficult situation. I really wish I had found this site back then and yes, leaving it for 5 years may appear to be very irresponsible, but let's just say I've had my eyes closed for far to long and now I want to take control of my finances again. Moving forward, I need to find a way how to make this debt manageable and get rid of the charging order. How do I set about appealing and do something about the interest? The amount I owe, has actually risen year on year! I'm also trying to find out how the debt was so big to begin with...

Hi Ganymede Without being to personal, I don't have a great paying job now, and neither do I have much in the way of savings. To realistically pay off this in a reasonable time, say 6 years, I would have to pay in the region of £300 a month, a bit to much for my budget. The original loan repayments was £330 for £5K, over 5 years, but my circumstances were different when I took out the loan. To maintain that amount, I would have to forsake a lot of everyday things for a long time. You maybe right about not being able to do anything about the CCJ and Charging order now, but historically things can be changed and back dated! PPI for instance, or Wonga to mention todays news! So I got to believe there maybe options! However, if the general consensus from members of the forum is nothing can be done, then I would at least like to claim back the PPI to reduce the overall debt. It hasn't helped cover repayments!!!

Hi DX, Im not totally sure. The Judement for claimant form I have, simply states: The interim charging order applied for by Shoosmiths states the court orders that 1. The interest of the judgement debtor (my name) in the asset described in the schedule below stand charged with payment of £14,xxx.xx together with any further interest becoming due and the costs of the application. I suppose I have answered my own question, but It really seems Shoosmiths just seen me coming and I never had representation because I never understood the implications. It appears the Judgement was for me to pay the full amount, not in installments, one payment. I obviously couldn't so the charging order was given including the interest!!! What can I do about it now, if anything? If I reclaim the PPI, will it envoke A&L to demand full payment?

Hi All, I had two loans with A&L from 2005 - 2009. The second consolidating the first, where my payment record was good. In 2008/9 I struggled with work and defaulted payments. In no time, I had a CCJ and charging order on my home. It was an unsecured loan so I really didn't think a Charging order could be obtained... Wrong. Recently, I have noticed the effects of the CCJ trying to apply for a job! This has motivated me to look again at the situation and seek what I can do about it now? Shoosmiths acted on behalf of A&L and I attend the county court but didn't offer a real defence to be fair and since the CCJ I have been making regular reduced payments. Having recently received a recent loan statement, I realize I actually owe a couple of thousand more than than I did in 2009, thanks to accumulated interest etc. I can't see how this can be correct. In the first instance, I would state that I had payment protection insurance, without really realizing how to or when I could claim and of course the insurance broker never offered to tell me! Now, I'm older and wiser, I wanted to see if I could redress the balance in my favour in any way and if I could construe an argument in the form of the following: Getting the CCJ over turned based on, missed sold PPI. i.e. If I had correct PPI, I would have maintained payments, therefore no CCJ. No CCJ, S hoosmiths could not have obtained a charging order! Logic... Finally, can I apply to re-credit the interest I have been charged back to the loan account? I thought interested should have been frozen following the CCJ and agreement to buy, which I have paid without missing a single payment for 4 -5 years Is anyone up for the challenge? I can give most of the info. Credit agreements, correspondence etc, just ask From a £5K loan, I now owe over £14K and can't think about moving home because the equity will go to A&L. Not to mention, during the same period of hardship, my job seekers allowance was paid into my A&L account and I couldn't even withdraw anything because, they had it all because I was overdrawn... So, please please, get in touch with some ideas. No rush on this one, just progress would be great. I think first step to SAR for both loans and get a figure to reclaim the useless PPI, then move from there. Help really appreciated Thank you in advance

citizenB I will deal with PPI next. I need to put together my defence response and run it past you first. I am concerned about the level of detail I should include! Should I post it word for word, paraphrase it, or just include a summary of the points I intend to use as a defence? I would like to thank you and everyone else for the advice thus far, it is and has been very helpful

Thank you andyorch. Saves me the time, effort and postage. Many thanks

I apologise for not reesponding earlier, but I have had a busy day today so I have just got around to catching up. First, thank you Ganymede, I take your point, a defence needs to be made and I shall do; which leads on to citizenB's earlier response, I will look at making a defence over the next couple of days and will run it by you. I have also been thinking today that I need to notify Hagerty that I do not agree to an extension! Would I be right? I am going to type a brief letter tonight simply stating: "I confirm I am not agreeable to an extension of filing a defence and I wil adhere to the original court schedule" Any thoughts? With regards to PPI and other payment protection, I think I need to deal with that in a seperate thread, I think! unless it will help in anyway for a defence of this action!!! I really appreciate your response, Thank you

Hello citizenB In that case, I don't think I will agree to 15.5 extension, then I want to look to defend on the grounds that the procedures haven't been correctly followed. I haven't thought about it to much just yet. On your second point, I want to SAR a lot of my old credit cards and loans and establish if I can claim PPI etc., this one included. To be fair, I have alot of the original copies of most agreements, so may not need to SAR and save some money. In this instance, I had been paying insurance on the OS balance every month and only when I couldn't affordd to pay, they cancelled the policy you believe?

Ok citizenB Standing by Thank you

Oh, yes I have AoS 1st June

Thank you citizenB. Thank you for the template, but I have just read my question again and maybe it was a little ambiguous! My thoughts were more in line with: Can i reject hagerty's request for an extension? Wouldn't the claim just be thrown out if they haven't got the paperwork by the time I need to file my defence? ps. Yes the court address is still the same

Yes Rebel11, I think, but to summarise all the details: CCJ Claim date of issue: 20th May, 2014 PoC: As per attachment including claimant, MBNA for just over £3K on a CC. The Limit was £2900, but I couldn't make payments due to unemployment and insurance would cover because the account was in arrears. The events leading up to this were: Last payment was October 2008 (I think) I haven't got a default notice from MBNA, but experian state the account default date as 31/08/09 and the account now belongs to Aktiv Kapital Original Agreement was June 2005 In March 2014 I received a letter from IND stating MBNA had asigned the full amount to AK. (Interestingly, I also found a letter from "Experto" dated 19/09/201 1 entitled "Default notice under S87 of the CCA" and staing the legal owners as "Varde Investments" if that's relevant In general, the reasons why I stopped paying: I lost my job and had no saving and it was a couple of months before I any benefit, and the insurance wouldn't pay because I was in arrears, I also had other CC's a loan and a mortgage. I think thats all questions responded to. I have CPR31.14 and CCA request sent

Thank you for putting it in the right thread. I will stand by

Hi everyone, Great site with lots of information but I wanted to clarify the followiong. I got a CCJ claim from Hegarty acting for Aktiv Kapital on 20/05/14 for a MBNA Credit card (POC attached) I had a few years ago and fell behind on payments (A dark period) I have acknowledged service and sent a CPR 31.14 request and CCA request. I then received the attached letter. My question: Do I have to agree the extention and is it in my best interest to do so? Any info greatfully received PS. I posted here first, because I wasn't sure where to post this thread, Sorry feel free to move it, thanks